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Approved Minutes - 1992-10-05 Y� GO' PLANNING DEPT. FILES DEVELOP J3?T REVIEW.BOARD MINUTES • E?? C!TY OF LAKE OSVWEGO DEVELOPMENT REVIEW BOARD Minutes from October S, 1992 I. CALL TO ORDER Chairman Stanaway called the meeting to order at approximately 7:00 p.m. II. ROLL CALL Hoard members present were Chairman.Stanaway, Mr. Foster, Mr, Sievert and Ms. Remy. $;card members Mr. Bloomer, Ms. Stiven and Mr. Falconl were excused. 410 IIY. APPROVAL OF MINUTES Mr. Foster moved to approve the meeting minutes of September 9 1992 approved as written. Ms. Remy seconded the motion and it passed with Mr. Foster, Chairman Stanaway and Ms. Remy v tng in favor. Mr Sievert abstained, IV. PETITIONS AND COMMUNICATIONS none V. PUBLIC }IEA►1IN0 PD► 2-92/VAR 6-92(a-b), a request by Land Development Consultants for Approval of a 55-lot single family residential planned development and two variances, including a variance to LOC 44.390 "Length of Cul-de-sacs and Dead-End Streets" and a variance to LODS.4.020(2)(a) "Development within wetlands". The site is located south of Ch:!ds Road and north of Dogwood Drive betweetti Sycamore Street and Canal Road (Tax Lots 100 & 101 of Tax Map 2 1E 19A1:) and Tax Lots 400, 500, 6a00, 700, 800 and 900 of Tax Map 2 1E 2013C), Staff Coordinator is IIamid Pishvaie, Development Review Planner. This item is continued from September 23, 1992 40 DRB Minutes of October 5, 1992 Page 1 of 77 Aft Chairman Stanaway asked the Board if there were any ex parte contacts or bias, There were none, Staff Report Mr. Pishvaie stated that all'Board members should have received Exhibits 83-112 r Mr. Pishvaie briefly discussed what the new exhibits were, Mr. Foater asked Mr Pishvaie if the City had any information on whether the property was on the market for purchase. Mr. Pishvaie stated that he wash*t aware of any information"in regards to this fact. Opponents, Christine Roth.189S1 Indian Springs of d.duke Oswego, said that she wanted to address the impact that this development would have on the school system, Ms. Roth said the school system is currently over crowded and this project would give approximately 143 additional students to educate. Ms. Roth,said that all students would require bussing because of the crossing of Childs Road. Ms. Roth felt this would cause the school boundaries to be redrawn and this would be the fourth re- districting in 10 years, Ms. ;Roth stated that there would be approximately $240,000 in tax revenue from the development for the school system and it would cost approximately F781,000 to educate the students; that would leave a net loss of ;. $540,000. Vivian Scheana, 4660 S. ,mod Drive, Lake Qs' ego% stated that Exhibit 4l, the Riverview l''ark subdivision floodplairt impact analysis hatr some errors. Ms. Scheans stated;that floodplain was along Canal Road, not the wetland. She discussed, some figures she felt were incorrect. Ms ,"Scheans stated that the last big flood was 25 years ago when 1' to 2' of water crossed over Sycamore into this property. She stated that in the 15 years she has lived there, the area has had a few feet of water covering it when there have been heavy rains. Ms. Scheans stated that these houses should be 1' above the 100 year floodplain, be eligible for flood insurance, the houses shouldn't have flooded yards everytime it rains and that the houses shouldn't be so close togetNIr that they cause the houses in Rivergrove to flood. Ms. Scheans said that due to PRMA's figures for floodplain areas it is reasonable to assume that this property will flood when the rains return to normal. Ms Scheans discussed how to rid the area of reed-canary grass by planting trees along the edge of the meadow. Ms, Scheans told the Board that there was not a storm sewer system in the area and that ail properties were on septics, DRE Minutes of October 5, 1992 Page 2 of 6 LL 4j I,� LEEIS11$1141.14111014.4 SOU Woods`:CoMPresidettt%stated that she was also representing 367 individuals that had- signed a petition, Ms Emmons stated that they strongly insist that the City of Lake Oswego purchase the property and designate it as a natural resoturce and open space for public use. They were concerned that the Indian Springs were going to be affected by this development. She said that the BSBE analysis in Mr. Moors's presentation was incomplete, Ms. Entmons referenced Exhibit 85 which states that wetlands are being lost, at a very rapid pace and that soon the state will have used the majority of the wetlands. She stated she also had a concern of water source because no one can specifically identify where the water source is, Ms.'Emmons walked the property with the archeologist and found an area that is approximately a),5' in diameter with rocks and felt this area was over 150 years old,and could be fr n an Indian scene. They are requesting that an ethnographic study be done on the area. Ms. Emmons stated that firs area has never been studied for historical s gnif icance r M Emmons submitted two letters into the record, Sheryl pundersanl 1 596 River Run Drive, Lake Osweeok stated that she had given the Board copies of the Metropolitan Owen Spaces Map taken front the Metropolitan Green Spaces Master Plan Book, dated April 19, 1992. Ms. Gunderson stated that according to the City's Comprehensive Plan this area was protected as a Natural 410Distinctive Area. Acrry I'olbro*,r 1A290,1tedwi1t',V9iirtr Lake Oswego%relinquished here time to i3ob Ellison, Bob ERi54n11 673 lrt4Vr gun rise, ,ake,Q vegO.stated that the application is incomplete, inaccurate and violates !idle City's Comprehensive Code, lie\stated that when the applicant met with neighl ors he reviewed earlier plans that did not request variance for development within wetlands. He stated that he has seen three ldnds of foxes and coyotes in this area, Mr. Ellison discussed Exhibit 73, the Natural Resource Commission's recommendation, Mr. Ellison said that if a fence is put up as the Lake Corporation has'requested it will destroy the Canal goad wildlife and violates the Comprehensive Plan. Ile stated that the applicants failed to identify potential historic sites on the property. Mr„ Ellison submitted to the Board photographs of a foundation site located on the property. He had been told that several unidentified pits on the property could have been ancient Indian sweat lodges. Mr.Ellison said that the applicant hired Mrs. Darby, the archeologist, for a survey and research phase net to exceed four hours, Mr, ,Ellison said that he would like to see this application rejected and any further application be required to have a full cultural resource inventory attached to it, Mr. Ellison requested that the record remain open for 14 days so they cot!ld receive additional written data from consultants D128 Minutes of October 5, 1992 Page 3 of Gregory Wiest, 4029 Brian Court, Lnke Oswego,stated that putting 55 homes in a INF wetland area would cause the wildlife to re-locate. He said that he was concerned about the pets, cats and children being right across from a nature preserve. Mr. Weist said that wetland echo systems reduce flooding, protect shore lines, recharge the ground water aquifiers and serve as natures kidneys by filtering pollutants from the water flowing through them, Mr. Wiest stated that in the winter there are ditches on both sides of the road that are completely filled with water and that some of the water is still remaining in the summer, Anna Wiancko, 18866 S.W. Indian Snrino, Lake Oswet►o, relinquished her time to Mike Seich, ,Mike Selch, 5255 S.W. Childs Road, Lake Oswego,stated that the '92 traffic data, Exhibit 38, is less that the '87 data presented in the Lake Oswego Comprehensive 1 Plan, Steven Hartj16044 S.W. Waltrttar Drive, Lake Grove, Chair of Rural Lake Grove Neighborhood Associatteut 'stated that she hasn't seen mention of mitigation for the wetland statue and doesn't understand how you can fill a wetland and meet the statue, Mr. Hart stated that they want to encourage the preservation of distinctive areas and endangered species. ,Mr. Hart questioned how something could be designated as protection open space and then be developed. „ Mary Starrett, 19431 1Kokanee Court, Lake Oswego, stated that it would be hard Jor the Board to make a decision with some of the information still not in. She asked the Board to give a continuance for at least 7 days so all the information could be in and a credible decision could be made, Ms. Starrett stated that she believes the majority of the people that bought homes in this area bought in part due to the aesthetical appearance Lynne Black, 17339 Blue Heron 'Rod Lak O. e o h it of the Bitte Heron Neiehborhood sociati n asked the Board to re-consider the very similar names of the streets within the proposed development. Ms, Black stated that she disagreed with the figure of 10% for a traffic increase and asked that the Board look into this further. Marylon ahaarr, 18040 Rpvice Way, lake Oswego,stated that she was to read a fax received from the Sierra Club to the Board in opposition to developmett on the property. Ms. Mahar stated that she would like to ask that the cultural reconnaissance of the site be conducted by Cascade Geographic Society and would like to have a weeks extension for the study. Mien Patterson, 18926 S. W. Arrowood Aventte,_Lake Oswego,relinquished his time to Sherry Patterson, DRB Minutes of October 5, 1992 Page 4 of 6 9 gip 4e ri esntaitiye C U i I said that LCDC Coals 1, 2, 5, 6, 7 and 12 had been violated, She stated that the City had misconstrued the applicable law and acted inconsistently With the Comprehensive Plan by failing to comply with the goverrtntental coordination requirements of State Wide planning goals. Ms. Patterson submitted to the Board the TEMA`s Abatement of Seismic Hazards to Life Lines Proceedings of a Workshop of Development of an Action Plan, Volume 6, Page 105 under Public Tort Liability Issues and Community Life Lines, Paragraph 1 and Paragraph 4 also submitted to the Board a copy of the September, 1992 Floodplains and Wetlands Map; copies of the Federal Emergency Management Data as well as Corp of Engineer Mapping; the Weak Soils and Landslide Map of Lake Oswego, a seismic risk study done by the Lake Corporation dated 1983; and the federal manual for identifying and delineating jurisdictional wetlands. Ms, Patterson said that if the Board allows the development it will be in violation of the environment and constitutional due process, Ms, Patterson said that she would be submitting additional exhibits into the record within the 7 days. rl F ifi r;3 1 2 .n i n i .h stated that on behalf of the young people of Lake Oswego, she would like the Board to know that they really enjoy going in the park and seeing the animals and plants, pant wittinms, 19139 S,W, Redwing Cottrt, Lake Oswego,stated that Metro Green Ask Spaces has specified this as a wonderful area and should be preserved, Mr. Williams 4111, said that he realizes the developer had met the requirements, however he was hoping the Board would take a humanistic view point. Mr. Williams said that he feels the area is due for a 100 year flood„ He stated that he diki 1,v t feet the dams in the river were totally safe. He said that Oregon is due for a large 500 year earthquake. Mr. Williams stated that if the developer had been a little more sensitive to the residents and the natural dwellers of the area and submitted a plan with fewer homes there would not be the public outrage. Mr, Williams submitted written testimony from his wife. ajlEgaltjfAVOR Ok+.` 9R 114 Kelly McCort In relinquished her time to Mark Bautista. Mark laautistaa. 4S00 S.W. Wes said that in regards to Exhibit 73#he concurs with the NRC recommendation regarding control of the mitigation process for any wetland impacts,. Mr. Bautistat stated that the City should have the ability to select the contractor to carry out the mitigation project and should have the responsibility to see that the Impmtiw4 nents to the public property are carried out as Dill) Minutes of October S, 1992 :, Page 5 of 6 Aidi designed. Mr. Bautista said that the Canal and Canal Road is an attractive nuisance and will increase,with any development. Mr. Bautista stated that major concerns he nad were traffic control on Canal Road, litter control, vehicular access, erosion and attractive nuisance and danger that already exist, Mr, Bautista made some recommendations in regards to his concerns, R113UTTA i 11 m ` r f ` li n stated that they arc opposed to leaving the record open. Is/Ir. Cox said that they would like some time to prepare their rebuttal, Mr. Cox stated that they had made a proposal to the NRC and they would like some time to meet with the NRC to discuss the issues. Mr Sievert moved to continue the meeting to October 19, 1992 and to leave the record open for public written testimony for 7 days and to have rebuttal on the 19th limited to 20 minutes. Ms. Remy seconded the motion and it passed unanimously, :YL GENERAL PLANNING VI[. OTHER BUSINESS • Findings, Conclusions and Order Ms. Remy moved to approve the Bindings, Conclusions and Order of DR 15=92,975 Mr. Foster seconded the motion and it passed with Mr, Foster, Chairman Stanaway and Ms, Remy voting in favor, Mrs Steven abstained, VIII,A11/JOURNMENT The Dev„`loprnent Review Board meeting was adjourned at approximately 0:00 Respectfully Submitted Ati. Sheri C, Evald Secretary ;j' 40. DI1B Minutes of October 5, 1992 „' Page 6 of 6 : • : 0 r . ,l 0 0 0 CITY OF LAKE OSWEGtD �, Aim DEVELOPMENT REVIEW BOARD "` Meeting of October 19, 1992 I. `., CALLTOORDER ER Chairman Stanaway called the meeting to order at approximately 7;1O pm, IL ROLL CALL Board members present were Mr. Bloomer, Mr.Foster, Chairman Stanaway,Mr. Sievert, Ms. Stiven and Ms. Remy. Mr. Fsilconi was excused. III. APPROVAL OF MINUTES - none 410 IV. PETITIONS AND COMMUNICATIONS The Board received a request from the applicant for DR 16.92 to continue the hearing'to November 2, 1992 in order to address the issues identified in the October 9, 1992 staff report. Mr. Foster moved to continue the hearing to November 1992,,, Ms, Stiven seconded the motion. Mr. Bloomer, Mr.ck;tster, Clu in aan Stanaway, Mr. Sievert, Ms. Stiven and Ms. Remy voted in support of the motid4.:. Mr. Galante said that they had received a letter from Ryan O'Brien representing y Blockbuster Video regarding DR 16-92 requesting additional time to' allow them to re- design the building, ,, Mr. Galante stated that the staff is recommending that the Board postpone the hearing until November 2, 1992, Mr. Foster moved to continue DR 16-92 to November 2, 1992. Ms. Stiven seconded the motion and it passed unanimously. V. PUBLIC BEARING 4111) PD 2-92/VAR 6.92(a-b), a request by Land Development Consultants for approval of 11 giika 5$-lot single family residential planned development and two variances,,including a variance to LAX 44,390 ° ngth of Cul•de*sacs and 1)e ,,En4 Salts'. and a variance; to 1ODS 49020(2)(a) 'Development,;within ' 'ctlands., The site is located south of Childs Road and north of Dogwood Drive betwr410 Sycamoto Street and Canal Road (Tax Lots 100 8c. 101 of Tax Map 1E 19AD and Tax lots 4000 ,6000 -700 800w and 900 of Tax Map. 1 B 20BC) Staff coordinator is Continued from October St 1992 for Applicant's Rebuttal and Hoard eliberhtion Ms, Stiven stated that she would not be sitting in review of this application because she had missed the prior hearings and was unable to review the tapes, Chaim-an Stanaway asked if there WaS any cx parat contacts or bins in regards to the application: There wore none Mr. Pishvaie stated that in Exhibit 171 the NRC was taking a neutral position in the development, Mr« Pishvalo said that the applicant's rebuttal contained four new pieces of information: Attachment 5, a letter by Technical Engineering, Attachment 6, a cultural resource reconnaissance of 'overview Park by . Robert Kertor the otolost Attachment lir 8, a letter by f 1-1t Riley of Land Development Consultants; Attachment 10, a letter from William Cox the applicant's attorney, Mr, Pishvaie briefly discussed what the new exhibits wexe, He recommended that the Board continue the hearing until October,26, 1992'at :00 pan, In order to receive additional testimony by the public on the new information listed in Exhibit 174, The applicant slhi uld then have a few days to preps rebuttal on the informat on submitted by the opponents and the Board should be able to hold the hearing on Noventber 1.9924 Chainuan StnnnWay asked the applicant if they could waive their 1 0 day rights. Mr. Cox stated that they had waived the rights in previous hearings and:would do so main, if needed, Mr. Cox added to the record Page 3 of Attachment . Mr, Cox stated that on Exhibit 174, Page 6, Item 1, a sentence needs to be added to say "the right.offway should be hold to 40' , Mr, Cox said that in the discussion with he IsIRC the developer had agreed to pay the cost of the revised detailed design, however{ t eye would like to set a maximum of$ S10 . 410 Diln Minutes of 10/19/92 Page 2 of 6 Torn Staten, stated that he and his wife had contracted to purchase a home in this area within the last 10 days and was unaware of these proceedings and would like to add testimony to the record, The Board discussed whether they should open the record to allow Mr. S aten to add testimony. Mr. Foster moved that the record remain closed on PO 2-92/VAR 8»92 (a-b.). Mr. Sievert seconded the motion and it passed with Mr, Bloomer, Mr. Foster and Mr. ry,x Sievert voting in favor, Mr. Stanaway and Ms.Remy voted in opposition. 7.. Mr. Foster moved to leave the pubic record open for written testimony for 7 days and for the testimony to be limited to the information in Exhibit 171, 172, 173 and 174 and the applicant is to submit written rebuttal ott arty additional testimony received on his new information by October 29, 1992 at 5:00 p.m. and to continue the hearing until November 2, 1992, Mr. Sievert seconded the motion and it passed unaniniously, DR 9.92(Mod. 8-92), a request by Touchstone Learning Center for approval of a modification to DR 9.92 resulting in the following changes: Ask a. Removal of Condition #9, which requires the applicant to provide a permanent, Mr recorded parking agreement with Tanglewood Apartments, b. A revised site plan showing all required parking to be on site. The site is located at 2 Touchstone (Tax Lot 2200 of Tax Map 2 lE $BD). Staff coordinator is Barbara,' molak, Assoein e Planners Chairman Stanaway asked the Board if there were any ex parte contacts or bias in regards to this application. Mr. Bloomer stated that he was not at the original hearing when this application was approved and asked if he could sit in review of this modification, Ms. Phillips stated that he would be able to sit l t review, Staff Ms. Smolak stated that this project was approved by the Board on 6/15/92 and as a condition of approval the 13oard required the applicant to provide a recorded parking agreement with the Tanglewood Apartments. PP Ms. Smolak said that the u licastt 8 proposed that 20 of the 28 parking spaces required would be on site and the remainder would be arranged with the adjacent apartment complex, Ms, Smolak stated that the applicant was unable to secure the parking agreement and is therefore requesting Dp,13 Minutes of 10/19/92 W. Page 3 of 1 t approval of the modification Ms. Smolak said that a revised-,site plan has been sul)initte.,.1,,i)mvidiiI2 all 28 parking spaces on the site, Ms. Smoke stated that the Engineering staff r+e uired the applicant to provide a traffic analysis, Exhibit 6. Engineering Staff reviewed the traffic report and concluded that there would not be an adverse traffic impact as,a results of this expansion. Staff finding that alt criteria'has been met recommends approval of the modification. Applicant, r, UQb Evanson, Architect% said that they have reviewed staff recommendations and conditions and are in agreement with both, Mr. Evanson said that the changes requested are tltait\ the building be built in two phases and that all the parking will be on site. Propoperits » none Opponents none neither in support nor opposition » none Rebuttal- none pejibcn+tion Ms. Remy asked the staff if bike racks had been addressed and if they were necessary. Ms, Srnolak said that bike rucks were not addressed and they were not considered because this is a daycare center and there isn't,a need for bike racks, Ms. Remy stated that if the Board is going to require bike racks for some projects then it should be a standard of the Board and should be required oniull projects. Ms, ,Stiven moved to approve iaR 9.97(Mod 8-92) with conditions stated in staff report, Mr. Sievert seconded the motign and it passed unanimously. DR 17 92\PD 3-92, a request by 3, Zupanciclkiray Development for approval of a 54- unit multifamily planned development. The site. is located at 5225-5335 Jean Road (Tax Lots 3500, 3600, & 3700 of Tax Map 2 1E 18AC), Staff coordinator is i . 'lo lyttlet pevelon R � ' r Chairman Stanaway asked if there were any ex parte contacts or bias in regards to this application. There were none. Rl3of092 l7 Minutesl l~ Page 4 of 6 Altiff Mr1110 s Pishvaie stated that the request is for approval of 4'5.2-unit multifamily housing unit on 4.2 acres. Mr, Pishvaie said that Exhibit 17;.4 tru preservation plan was submitted by the applicant, Mr, Pishvaie said that the project was zoned R,-1 and had several:setbi„lzs, Mr Pishvaie said that lot coverage and building height standards arc met by the°proposal, Mr, Pishvaie stated that staff recommends an arborist to be present during construction, Mr, Pishvaie said that the applicant was proposing 7 parkin$ spaces in excess of the minimum requirement, Mr. Pishvaie said that the public works staff feels the proposed driveway width is too wide and recommends a maximum of 32', Mr .Pishvaie said that staff recommends approval with 26 conditions included in the staff work, Applicant Jim Zopartelc, 84€O pl^pkn.Ltme. Lae Oswego, stated that he and his4 wife arethe owners of addressed their the e ns\bout the pro ct and feels that the ic said that he has lack of oet With pposition sitionbors due to their openness on this application, Mr, Zupaftcic said that they hied Charbonneau; Engineering to assess what the traffic impact would be due to this project and they concluded it would be minimal. Mr. Zupancic stated that he is being real conscious to Aik save as many trees as possible, Mr, Zupancic said that this area has the lowest INF student-teacher ratio in Lake Oswego. Bruce Gray. lc, Arizonai, stated that nil stairways are within the units, the garages are attached and the privacy concerns of the neighbors had been met, Due to the linear narrowness of the site to protect privacy the balconies were tucked into the building, Mr, Gray discussed the building materials being used on this project. Mr. Gray said that the color scheme used would work well with existing buildings in the area. Ms, Stiven moved to approve DR 17*9 'fs 3- 2 with conditions. Mr. Foster seconded the motion and it passed unanimously, VI. GENERAL PLANNING VII, OTIIER 73USINESS M rindingso Conclusions and Order Mr. Foster moved to approve the Findings, conclusions and Order on DR 15•91, Ms Remy seconded the motion and it passed..unanimously. Mr 'Rloontcr, and Mr. Sievert Ali D1' 13 Minutes of 10/19/92 Page 5 of I ' ' 0 abstained. VIII. M)JOURNNMENT With no further business to come before the Developmental Review 13oArd the tooting Was ad,,ot med at approximately 9^50 p.m. ii Respectfully Submitted, ii �` � � ., hezi C. Evald SecrSecretaryis di'�`, ,; 45 ''\t5 AI 1312I3 Minutes of 10/19/9 Page 5 of x; ry f`! 7 ors n I1.1 J U p" C .. ) I 1, _